Legal Opinion

Smith Engineering Co. v. Pray

Court of Appeals for the Ninth Circuit

Decided November 7, 1932No. 6821PublishedCited by 7 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

Petitioners’ application for rehearing having been granted, and the opinion heretofore rendered having' been reported [58 F. (2d) 926, 927], we refer to that opinion for a statement of the facts.'

In petitioners’ application for rehearing, the applicability of the hypothetical 'question stated by the court in the former opinion is vigorously assailed. This hypothetical question is as follows; “Will a court of equity in a suit to foreclose a mechanic’s lien, asserted upon the ground that the contractor has completed the contract as far as possible for him to do so, and has…

2Cases cited22 opinions

  1. Liberty Oil Co. v. Condon National BankSupreme Court of the United States · 1922
  2. American Mills Co. v. American Surety Co.Supreme Court of the United States · 1922
  3. McGowan v. ParishSupreme Court of the United States · 1915
  4. Camp v. BoydSupreme Court of the United States · 1913
  5. Gates v. . PrestonNew York Court of Appeals · 1869

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3Cited by7 opinions

  1. Black v. BoydCourt of Appeals for the Sixth Circuit · 1957
  2. Smith Engineering Co. v. RiceCourt of Appeals for the Ninth Circuit · 1938
  3. Armour & Co. v. MillerCourt of Appeals for the Eighth Circuit · 1937
  4. Grant v. PilgrimCourt of Appeals for the Ninth Circuit · 1938
  5. Charles G. Black, Trustee in Bankruptcy, for the Butler-Foster Milling Company v. The Honorable Marion S. Boyd, United States District Judge for the Western District of Tennessee, the First National Bank of Memphis v. The Honorable Marion S. Boyd, United States District Judge for the Western District of TennesseeCourt of Appeals for the First Circuit · 1957

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